1. County and District Clerks Association February 9th, 2017 2017 CDCAT Winter Conference Civil Process
John Steinsiek
Chief Deputy (Retired)
Author of LexisNexis
Civil Process for Texas
Copyright John Steinsiek

2. John Steinsiek – Instructor Qualifications
LexisNexis author of Civil Process for Texas
Sheriffs Association of Texas Civil Process Consultant
Chair of the Civil Process and Liability Committee for the Texas Commission on Law Enforcement
Developed and teach an Advanced 40 Civil Process Class that I teach all over the state
Civil Process for Texas is in it’s 10 edition and is published apx. 3 months after the end of the legislative session.
Starting my 5th year with the Sheriffs Association
My committee is responsible for the course content for the BPO Civil Process and Liability class as well as the TECOLE 3131 Basic Civil Process class. The topics in the Basic Class maybe expanded for advanced classes.
Copyright John Steinsiek

3. Copyright John Steinsiek
In the beginning
The legislature passed a law that the Supreme Court of Texas should write rules for the courts.
They did put a safe guard in the legislations – if a rule conflicted with a law the legislature had passed---law prevails.
County & District Courts may establish local rules (may not change state rule)—approved by the Supreme Court
In the original legislations it said the court could not create law, that was the job of the legislature. A rule is law unless it is succeeded by a law.
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4. One book is rules - the rest are codes
Codes are the laws passed by the legislature. I have two more book selves not in the picture.
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5. And then there is my book
Order form in hand out.
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6. Copyright John Steinsiek
E - Filing 1
Updated
Rule 107(g), Texas Rules of Civil Procedure, states: "The return and any documents to which it is attached must be filed with the court and may be filed electronically or by facsimile, if those methods of filing are available." The rule allows, but does not require, electronic filing of the return.
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7. Copyright John Steinsiek
E-Filing
Civil
Mis. Docket
Became mandatory July 1, 2016 for County and District Courts
Attorneys must E-File all documents TexFile provided by Office of Court Administration
Criminal
Mis. Docket
Probate “Wills” are the exception.
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8. Copyright John Steinsiek
Court Clerks must not offer alternative electronic document filing transmission system (including fax filing) Except in the event of an emergency
May want to check what is an emergency. Black’s Law is the legal reference definition for the legal works in this profession., not Webester’s
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9. According to the 09-13-2016 Update
Officer may,
but are not required to
E-file returns
An office did file a return by E-Filing the other day. The officer did get a call for the court clerk. She said she had never received one form a officer before and just called to make sure it was his return……
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10. Copyright John Steinsiek
Returns 2
The Civil Practice and Remedies Code Sec RETURN OF SERVICE Governs the minimum information required on a return.
A lot more may be needed.
All rules and codes dealing with returns are directed to server, not the court.
This is the server’s report to the court.
Many returns do not meet the minimum requirements. Many do not provide sufficient space for necessary information. When you try and put a seizure and sale information on a ½ pages form there just isn’t enough room.
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11. From the Server’s Perspective
They are reporting what took place
A standard form will work a lot of the time, but not all of the time
If you serve a paper by mail when requested to do so by the plaintiff or his attorney “You must complete a return”. The green card can not act as a return.
Laidlaw vs Waco.
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12. Copyright John Steinsiek
Abstract of Judgment 3
Texas Property Code
Establishes a lien on the defendant’s property he currently owes, or may own at a later date.
The judgment is good for 10 years (from the judgment date
Government judgments is good for 20 years
If the judgment becomes dormant the lien ceases to exist. (Tex Prop Code )
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13. Copyright John Steinsiek
How to Renew A Judgment
1st - Have an execution issued and it is returned Nulla Bona.
2nd – Have a second execution near the end of the 10 years-
The second execution renews the judgment for an additional 10 years-Gov. 20 years.
3rd - Way to renew-within two years file for a Writ of Scire Facias
The writ of Scire Facias may also be used to remove a judgment.
Renewal by issuing 2 Executions. CPRC
An Abstract does not renew—only records a non dormant judgment lien.
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14. Copyright John Steinsiek
Writ of Restitution 4
1987 or so—Name changed to Writ of Possession by the legislature in the property code
Was issued when an eviction was appealed to County Court.
If rent was not paid into the court the Writ could issue
Supreme Court did not up date the appeal rule when the legislature changed the name.
There have been three languages changes in the Writ of Possession to date. Present one has been in effect over 10 years.
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15. Copyright John Steinsiek
Writ of Restitution
When the court didn’t change their rule on the appeal---
Legislature put a new section in Chapter 24 of the property code—appeal of the eviction---payment of rent into the court
If payment was not made the court will issue a Writ Of Possession (standard language)
Remember law trumps rule.
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16. Copyright John Steinsiek
Writ of Restitution
The new 500 series of JP rules abolished the last of the old 700 rules governing landlord and tenant eviction
Writ of Restitution is no longer in any of the rules for appeal of evictions.
“Gone from everywhere”
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17. FOR ALL MONEY JUDGMENTS OF ALL COURTS OF THIS STATE “TEXAS”
Finance Code
FOR ALL MONEY JUDGMENTS
OF ALL COURTS OF THIS STATE
“TEXAS”
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18. Finance Code Chapter 304 (114)
Requires the judgment interest rate be stated in the judgment. (Rule 630 also)
The “Legal Highest Interest” is not defined in this code
There are guide lines for the minimum and maximum rates the court may award.
Handout #8 - Execution with “Legal Highest Interest Rate.
These minimum and maximum setout in the code are guidelines for the consumer credit commissioner to determine the rate on the 15th of the month to publish by the Secretary of State in the Texas Registry for the next month. If the suit falls in this type of debt the attorney or the court should take judicial notice of that rate and should enter it into the judgment. (Finance Code
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19. 2015-16 Copyright John Steinsiek
Failure to communicate
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20. Interest Rates or Time Price Differential in Contract
Page 112
Students will follow in the book.
Handout-14-Consummer Credit commissioner instruction in this writ.
Interest Rates or Time Price Differential in Contract
(Tex. Fin. Code § )
A money judgment of a court of this state on a contract that provides for
interest or time price differential earns postjudgment interest at a rate equal to
the lesser of: (1) the rate specified in the contract, which may be variable rate; or
(2) 18 percent a year.
Fin. Code
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22. Judgment Interest Rate
Fin. Code
Judgment Interest Rate
(Tex. Fin. Code § )
(The time price differential not in a contract)
(a) A money judgment of a court of this state to which Section does
not apply, including court costs awarded in the judgment and prejudgment
interest, if any, earns postjudgment interest at the rate determined
under this section.
(b) The 15th of each month the consumer credit commissioner shall determine
the postjudgment interest rate for money judgments rendered during the
succeeding calendar month.
(c) The postjudgment interest rate is
(1) The prime rate as published by the Board of Governors of the Federal
Reserve System on the date of computation.
(2) The rate for a judgment may not go below 5 percent
(3) or above 15 percent.
Sections and are directions to
the court on how to determine the interest rate
applicable to the judgment they are awarding. For
example: the rate in the contract is 10% compounding
daily. The 10% rate will apply for judgment purpose.
But the compounding daily will not apply because
only allows the court to use this interest
rate in the judgment, not other provisions of the
contract.(Mercantile Bank & Trust v. Cunov, 749 S.W.2d
545, 1988 Tex. App. Lexis 3464, 6 U.C.C. Rep. Serv. 2d
(CBC) 1001 (Tex. App. San Antonio 1988)). All money
judgments are compound annually.
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23. Publication of Judgment Interest Rate
Fin. Code
(Tex. Fin. Code § )
The consumer credit commissioner shall send the rate to the Secretary of
State for the post judgment interest rate for publication and the secretary shall
publish the rate in the Texas Register.
Note the date of computation and the
responsibility for computation of this interest
rate is the responsibility of the consumer
credit commissioner — not the officer
executing a writ. The rate will be in the Texas
Register. The party who will receive a money
judgment should request the applicable rate
for that judgment based on the published
rate in the Texas Register.
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Copyright John Steinsiek

24. Accrual of Post Judgment Interest
Fin
(Tex. Fin. Code § )
Judgment interest accrues during the period beginning on the date the judgment
is rendered and ending on the date the judgment is satisfied. This is not
calculated on a declining balance — interest accrues on the entire judgment from
the date of the judgment until the judgment is paid.
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26. Compounding of Interest Judgments
Fin. Code
Handout #9 – Interest rate attorney put on his fees was “Per Annum”. The correct interest was “Compound Annual”.
(Tex. Fin. Code § )
Post judgment interest on a judgment of a court in this state compounds
annually. Judgments before September 1, 1987 are calculated as simple interest.
Officers may see these when a judgment is being renewed with the issuance of
an execution.
Kimsey v. Kimsey, 965 S.W.2nd 690, 1998 Tex. App.
The divorce decree award should have provided
for interest at the legal rate, compounded annually,
in accordance with Tex. Fin. Code §§ and
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27. Simple Interest-Prejudgment
Fin. Code
Note: Ends the day before Judgment
(Tex. Fin. Code § )
Prejudgment interest is computed as simple interest and does not compound.
The court may state the amount of
prejudgments interest within the judgment.
Or the court may give instructions to the
officer to calculate the prejudgment interest.
Example: “Prejudgments interest is awarded
at the rate of 8% on the amount of the
judgment from August 1, 2009 until the date
of the judgment September 3, 2009”. In this
example, the officer would calculate the
prejudgment interest as simple interest.
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28. 2015-16 Copyright John Steinsiek
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29. Accrual of Prejudgment Interest
Fin. Code
Accrual of Prejudgment Interest (Tex. Fin. Code § )
Prejudgment accrues during the period beginning on the earlier of the 180th
day after the date the defendant receives written notice of a claim or the date
the suit is filed and ending on the day preceding the date of judgment. If prejudgment
interest is awarded, the judgment will state the start date and the rate
awarded.
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30. Copyright John Steinsiek
Judicial Notice of Judgment Interest Rate Fin. Code A court of this state shall take judicial notice of a published post judgment interest rate.
If the plaintiff or his attorney doesn’t put the rate in the judgment the court is instructed to take notice of the rate on the date the judgment is awarded. We so not know what type of suit this was.
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31. Copyright John Steinsiek
Law vs Policy 6
An agency’s policy is not a law.
Attachment of Real Property requires the attachment be delivered to the county clerk and placed in deed records.
An Execution has no such requirement—However you may have someone bring in their execution levy on a Writ of Execution
This can be done, but it is not required. There are some parts of the state where this is being done and has been taught as the law. There is a move to get this enacted into law during this session.
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32. Thanks for Your Invitation
Questions
Thanks for Your Invitation
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